Scurr

Plaintiff, cross-defendant and appellant, B. B. Jackson (hereinafter called Jackson), sued to quiet title to certain unpatented mining claims designated as Iron Pot one through thirty-five. Defendant, cross-complainant and respondent, Happy Scurr (hereinafter called Scurr), answered and cross-complained to obtain ownership of an undivided one-half interest in said mining claims, subject only to Jackson’s being paid $2,740 out of production from the claims, and upon payment in full Scurr to be entitled to a conveyance and transfer of such interest. Prom a judgment granting the relief sought by Scurr, Jackson has appealed.

On April 23, 1958, the parties agreed, in writing, for Jackson to convey to Scurr his undivided one-half interest in the mining claims for $4,000, $200 being paid at that time, with the balance of $3,800 to be paid on or before June 1,1958. Upon payment of the balance Jackson would quitclaim his interest to Scurr.

On June 7, 1958, the parties met at the office of Scurr’s attorney; Scurr paid $250 leaving a balance of $3,550 and Jackson agreed to provide documents of ownership and title before the balance was to be paid 60 days later.

On June 21, 1958, Jackson…